In the High Court of Judicature at Madras
Dated: 05/07/2006
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice V. DHANAPALAN
Habeas Corpus Petition No.510 of 2006
S. Maheswari .. Petitioner
-Vs-
1. The District Collector and
District Magistrate
Kanyakumari.
2. State of Tamil Nadu rep. by
Secretary to Government
Food and Consumer Protection
Department, Fort St. George
Chennai 600 009.
3. The Secretary to Government
Union of India
Food and Consumer Protection
Department, No.305 A
Sasthiri Bhawan
New Delhi. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of habeas corpus as stated therein.
For petitioner : Mr. V. Parthiban
for Mr. C. Prakasam
For respondents : Mr. M. Babu Muthu Meeran
1 and 2 Addl. Public Prosecutor
Mr. P. Kumaresan
Addl.Central Govt.standing
counsel for R.3.
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.,)
The petitioner by name Maheswari, challenges the impugned
order of detention dated 20.04.2006, detaining her brother S. Babu, as “Black
Marketer” under Section 3 (1) r/w 3(2)(a) of the Prevention of Black Marketing
and Maintenance of Supplie ial Commodities Act, 1 980 (Act 7 of 1980).
2. Heard both sides.
3. Even at the foremost the learned counsel for the
petitioner submitted that there was delay in considering the representation of
the detenue, which vitiates the ultimate order of detention. With reference
to the said claim the learned Additional Public Prosecutor has placed details,
which show that the representation of the detenue dated 27.04.2006 was
received by the Government on 02.05.2006 and remarks were called on
03.05.2006, remarks were received on 04.05.2006. After receipt of the
remarks, the same was dealt with by the Under Secretary and the Deputy
Secretary on 05.05.2006; order was passed by the Minister for Prohibition and
Excise on 16.05.2006, rejection letter was prepared on 16.05.2006; the same
was sent to the detenue on 17.05 .2006 and the rejection letter was served on
the detenue only on 18.0 5.2006. As rightly pointed out though the Under
Secretary and Deputy Secretary have dealt with the file on 05.05.2006, there
is no explanation or reason for getting an order from the concerned Minister
till 16.05.2006. In the absence of any explanation, we hold that there is a
delay between 05.05.2006 and 16.05.2006. On this ground, the impugned
detention order is quashed; accordingly, this petition is allowed. The order
of detention impugned in the petition is set aside and the detenue is directed
to be set at liberty forthwith from the custody unless she is required in
connection with any other case.
Kh
To
1. The Secretary to Government
of Tamil Nadu
Food and Consumer Protection
Department, Fort St. George
Chennai 600 009.
2. The District Collector &
District Magistrate
Kanyakumari.
3. The Addl. Director General of Police
C.S. C.I.D. Chennai 35.
4. The Superintendent of Police
Kanyakumari.
5. The Superintendent of Central Prison
Palyamkottai.
6. The Inspector General of Police
Criminal Investigation (Intelligence)
Department, Chennai.
7. The Public Prosecutor
High Court, Madras.